First Thursday WIll Aitchison

Will Aitchison is on the other side of the microphone in this month's podcast as Rick Poulson interviews him about his career in public safety labor relations. They discuss how long Will has been practicing, how he got into labor law, when and why he started LRIS, and why have seminars for both management and labor.







Will also talks about the important of honesty, preparation, and cultivating a relationship with the other side.

Rick Poulson interviews attorney Lance LoRusso, founder of the Blue Line Institute. They discuss Lance's background as a sworn police officer and a police attorney, as well as the current challenges facing police officers and their advocates.







This month's cases:







Court Reverses Decision Granting Retired Firefighters Retroactive Pension Adjustments, Stiegler v. City of Meriden, 348 Conn. 452 (Conn. 2024).







Mandatory DEI Training Did Not Create Unlawful Hostile Work Environment, Young v. Colorado Department of Corrections, 2024 WL 1040625 (10th Cir. March 11, 2024).







An update on mandatory vaccine policies:









* Jacobson v. Massachusetts, 197 U.S. 11 (1905).







* County Lawfully Reassigned Unvaccinated Deputy Sheriffs in Order to Meet Contractual Obligations, In the Matter of Albany County Deputy Sheriff's Police Benevolent Association, Local 3872, Council 82, AFSCME, AFL-CIO, Charging Party, and County of Albany and Albany County Sheriff, Respondent., 57 PERB ¶ 3001 (Pub. Emp. Rel. Bd. N.Y. Jan. 16, 2024).









LEOSA Trumps More Restrictive NJ Statute Limiting Retired Officers' Carry Rights, Federal Law Enforcement Officers Association v. New Jersey, No. 22-2209, 2024 WL 607340 (3d Cir. Feb. 14, 2024).

Welcome Rick Poulson to the LRIS First Thursday Podcast!







April's First Thursday podcast is a special two-person affair as LRIS Executive Director, Rick Poulson, joins Will as cohost. Rick talks about his background, how he became a labor attorney, and helps Will break down this months cases.







Cases:







Burden Of Proof Is On Employer To Prove No Materials From Compelled Statement Used In Criminal Case, State v. Flynn, 2024 WL 1112046 (Ohio App. 2024). Related case: State v. Jackson.







Arbitration Award Upheld, Granting Disability Benefits To CO Who Fell Asleep While Driving During Mandated Overtime Shift, Department of Corrections v. Pennsylvania State Corrections Officers Association, No. 1201 C.D. 2022, 2024 WL 171905 (Pa. Commw. Ct.).

State of California rewrites its Racial and Identity Profiling Act, Letter to Rob Bonta, Attorney General for California (2024)







‘Marsy’s Law’ Does Not Shield Crime Victims’ Names From Disclosure, City of Tallahassee v. Florida PBA, 2023 WL 8264181 (Fla. 2023).







Female Firefighter Applicant Unsuccessfully Challenges Physical Test As Discriminatory, Erdman v. City of Madison, No. 22-2433, 2024 WL 224982 (7th Cir.).







Court Upholds Award Of Retroactive Sick Leave Benefits For Cos, County of Berks v. Teamsters Local 429, 2023 WL 8290257 (Cmwlth. Ct.).







When Appealing Discipline, Don’t Lie On The Witness Stand, Village of Broadview, FMCS No. 231115-01165 (Brennwald 2024).

Good news on the economy and inflation









* The Bureau of Labor Statistics CPI data







* From The Washington Post: Falling inflation, rising growth give U.S. the world’s best recovery









This month's cases









* Wisconsin Municipalities Required To Offer Health Insurance And Bargain Over Contributions, Wisconsin Professional Police Association v. Wisconsin Employment Relations Commission, Case Number 22CV1674, 2023 WL 7924647 (Wis. Cir. Ct. 2023)







* Court Upholds Arbitration Award Reinstating Genital-Grabbing State Trooper, Michigan Department of State Police v. Michigan State Police Troopers Association, No. 363241, 2023 WL 9007696 (Ct. App. Mich. 2023)







* Employer Discriminatorily Terminated Former Union President, United Mine Workers of America, Local 522 v. Westmoreland County, PERA-C-23-41-W, 2023 WL 7144568 (Pa. Labor Relations Board 2023)







* What Is A ‘Constructive Discharge’? Hoffstead v. Northeast Illinois Regional Commuter Railroad Corporation, 2023 WL 8353271 (N.D.Ill. 2023).

The recurring attack on binding disciplinary arbitration.







Will Aitchison covers a study from the Mackinac Center for Public Policy entitled "How To Improve Policing Through Collective Bargaining Reforms." He covers its fatal flaw, and why law enforcement unions must be aware of it.









* View the press release.







* View the study.









Cases:







Statements Made To Criminal Investigator Not Protected Under Garrity, Foltz v. City of St. Louis, 677 S.W.3d 856 (Mo. App. 2023).







‘Workers’ Comp Bar’ Prevents Firefighter’s Suit Against Employer, Vann v. City and County of San Francisco, 2023 WL 8591612 (Cal. App. 2023).







Common Law Marriages And Survivor Benefits, City of Euless v. Danlyk, 2023 WL 8595687 (Tex. App. 2023).